(a)(1)
"Claim" means a claim, counterclaim, cross claim, third party claim
or any other claim.

(a)(2)
"Defendant" means the party against whom a claim is filed or against
whom judgment has been entered.

(a)(3)
"Deliver" means actual delivery or to make the property available for
pick up and give to the person entitled to delivery written notice of
availability.

(a)(4)
"Disposable earnings" means that part of earnings for a pay period
remaining after the deduction of all amounts required by law to be withheld.

(a)(5)
"Earnings" means compensation, however denominated, paid or payable
to an individual for personal services, including periodic payments pursuant to
a pension or retirement program. Earnings accrue on the last day of the period
in which they were earned.

(a)(6)
"Notice of exemptions" means a form that advises the defendant or a
third person that certain property is or may be exempt from seizure under state
or federal law. The notice shall list examples of exempt property and indicate
that otherexemptionsmay be available. The notice shall instruct
the defendant of the deadline for filing a reply and request for hearing.

(a)(7)
"Officer" means any person designated by the court to whom the writ
is issued, including a sheriff, constable, deputy thereof or any person
appointed by the officer to hold the property.

(a)(8)
"Plaintiff" means the party filing a claim or in whose favor judgment
has been entered.

(a)(9)
"Property" means the defendant's property of any type not exempt from
seizure. Property includes but is not limited to real and personal property,
tangible and intangible property, the right to property whether due or to
become due, and an obligation of a third person to perform for the defendant.

(a)(10)
"Serve" with respect topartiesmeans any
method of service authorized by Rule 5 and with respect to non-parties means
any manner of service authorized by Rule 4.

(b) Security.

(b)(1)
Amount. When security is required of
a party, the party shall provide security in the sum and form the court deems
adequate. For security by the plaintiff the amount should be sufficient to
reimburse other parties for damages, costs and attorney fees incurred as a
result of a writ wrongfully obtained. For security by the defendant, the amount
should be equivalent to the amount of the claim or judgment or the value of the
defendant's interest in the property. In fixing the amount, the court may
consider any relevant factor. The court may relieve a party from the necessity
of providing security if it appears that none of the parties will incur
damages, costs or attorney fees as a result of a writ wrongfully obtained or if
thereexistssome other substantial reason for
dispensing with security. The amount of security does not establish or limit
the amount of damages, costs or attorney fees recoverable if the writ is
wrongfully obtained.

(b)(2)
Jurisdiction over surety. A surety
submits to the jurisdiction of the court and irrevocably appoints the clerk of
the court as agent upon whom papers affecting the surety's liability may be
served. The surety shall file with the clerk of the court the address to which
the clerk may mail papers. The surety's liability may be enforced on motion
without the necessity of an independent action. If the opposing party recovers
judgment or if the writ is wrongfully obtained, the surety will pay the
judgment, damages, costs and attorney fees not to exceed the sum specified in
the contract. The surety is responsible for return of property ordered
returned.

(b)(3)
Objection. The court may issue
additional writs upon the original security subject to the objection of the
opposing party. The opposing party may object to the sufficiency of the
security or the sufficiency of the sureties within five days after service of
the writ. The burden to show the sufficiency of the security and the
sufficiency of the sureties is on the proponent of the security.

(b)(4)
Security of governmental entity. No
security is required of the United States, the State of Utah, or an officer,
agency, or subdivision of either, nor when prohibited by law.

(c) Procedures in aid of writs.

(c)(1)
Referee. The court may appoint a
referee to monitor hearings under this subsection.

(c)(2)
Hearing; witnesses; discovery. The
court may conduct hearings as necessary to identify property and to apply the
property toward the satisfaction of the judgment or order. Witnesses may be
subpoenaed to appear, testify and produce records. The court may permit
discovery.

(c)(3)
Restraint. The court may forbid any
person from transferring, disposing or interfering with the property.

(d) Issuance of writ; service

(d)(1)
Clerk to issue writs. The clerk of
the court shall issue writs. A court in which a transcript or abstract of a
judgment or order has been filed has the same authority to issue a writ as the
court that entered the judgment or order. If the writ directs the seizure of
real property, the clerk of the court shall issue the writ to the sheriff of
the county in which the real property is located. If the writ directs the
seizure of personal property, the clerk of the court may issue the writ to an
officer of any county.

(d)(2)
Content. The writ may direct the
officer to seize the property, to keep the property safe, to deliver the
property to the plaintiff, to sell the property, or to take other specified
actions. If the writ is to enforce a judgment or order for the payment of
money, the writ shall specify the amount ordered to be paid and the amount due.

(d)(2)(A)
If the writ is issued ex parte before judgment, the clerk shall attach to the
writ plaintiff's affidavit, detailed description of the property, notice of
hearing, order authorizing the writ, notice of exemptions and reply form.

(d)(2)(B)
If the writ is issued before judgment but after a hearing, the clerk shall
attach to the writ plaintiff's affidavit and detailed description of the
property.

(d)(2)(C)
If the writ is issued afterjudgment,the clerk
shall attach to the writ plaintiff's application, detailed description of the
property, the judgment, notice of exemptions and reply form.

(d)(3)
Service.

(d)(3)(A)
Upon whom; effective date. The
officer shall serve the writ and accompanying papers on the defendant, and, as
applicable, the garnishee and any person named by the plaintiff as claiming an
interest in the property. The officer may simultaneously serve notice of the
date, time and place of sale. A writ is effective upon service.

(d)(3)(B)
Limits on writs of garnishment.

(d)(3)(B)(i) A writ of garnishment served while a previous writ of
garnishment is in effect is effective upon expiration of the previous writ;
otherwise, a writ of garnishment is effective upon service.

(d)(3)(B)(ii)
Only one writ of garnishment of earnings may be in effect at one time. One
additional writ of garnishment of earnings for a subsequent pay period may be
served on the garnishee while an earlier writ of continuing garnishment is in
effect.

(d)(3)(C)
Return; inventory. Within 14 days
after service, the officer shall return the writ to the court with proof of
service. If property has been seized, the officer shall include an inventory of
the property and whether the property is held by the officer or the officer's
designee. If a person refuses to give the officer an affidavit describing the
property, the officer shall indicate the fact of refusal on the return, and the
court may require that person to pay the costs of any proceeding taken for the
purpose of obtaining such information.

(d)(3)(D)
Service of writ by publication. The
court may order service of a writ by publication upon a person entitled to
notice in circumstances in which service by publication of a summons and
complaint would be appropriate under Rule 4.

(d)(3)(D)(i) If service of a writ is by publication, substantially
the following shall be published under the caption of the case:

To
________________________, [Defendant/Garnishee/Claimant]:

A writ
of ___________ has been issued in the above-captioned case commanding the
officer of __________________ County as follows:

[Quoting
body of writ]

Your
rights may be adversely affected by these proceedings. Property in which you
have an interest may be seized to pay a judgment or order. You have the right
to claim property exempt from seizure under statutes of the United States or
this state, including Utah Code, Title 78B, Chapter
5,Part5.

(d)(3)(D)(ii)
The notice shall be published in a newspaper of general circulation in each
county in which the property is located at least 14 days prior to the due date
for the reply or at least 14 days prior to the date of any sale, or as the
court orders. The date of publication is the date of service.

(e) Claim to property by third person.

(e)(1)
Claimant's rights. Any person
claiming an interest in the property has the same rights and obligations as the
defendant with respect to the writ and with respect to providing and objecting
to security. Any claimant named by the plaintiff and served with the writ and
accompanying papers shall exercise those rights and obligations within the same
time allowed the defendant. Any claimant not named by the plaintiff and not
served with the writ and accompanying papers may exercise those rights and
obligations at any time before the property is sold or delivered to the
plaintiff.

(e)(2)
Join claimant as defendant. The
court may order any named claimant joined as a defendant in interpleader.
The plaintiff shall serve the order on the claimant. The claimant is thereafter
a defendant to the action and shall answer within 14 days, setting forth any
claim or defense. The court may enter judgment for or against the claimant to
the limit of the claimant's interest in the property.

(e)(3)
Plaintiff's security. If the
plaintiff requests that an officer seize or sell property claimed by a person
other than the defendant, the officer may request that the court require the
plaintiff to file security.

(f) Discharge of writ; release of property.

(f)(1)
By defendant. At any time before
notice of sale of the property or before the property is delivered to the
plaintiff, the defendant may file security and a motion to discharge the writ.
The plaintiff may object to the sufficiency of the security or the sufficiency
of the sureties within 7 days after service of the motion.At any time before notice
of sale of the property or before the property is delivered to the plaintiff,
the defendant may file a motion to discharge the writ on the ground that the
writ was wrongfully obtained.The
court shall give the plaintiff reasonable opportunity to correct a defect. The
defendant shall serve the order to discharge the writ upon the officer,
plaintiff, garnishee and any third person claiming an interest in the property.

(f)(2)
By plaintiff. The plaintiff may
discharge the writ by filing a release and serving it upon the officer,
defendant, garnishee and any third person claiming an interest in the property.

(f)(3)
Disposition of property. If the writ
is discharged, the court shall order any remaining property and proceeds of
sales delivered to the defendant.

(f)(4)
Copy filed with county recorder. If
an order discharges a writ upon property seized by filing with the county
recorder, the officer or a party shall file a certified copy of the order with
the county recorder.

(f)(5)
Service on officer; disposition of
property. If the order discharging the writ is served on the officer:

(f)(5)(A)beforethe writ is served, the officer shall
return the writ to the court;

(f)(5)(B)whilethe property is in the officer's custody,
the officer shall return the property to the defendant; or

(f)(5)(C)afterthe property is sold, the officer shall
deliver any remaining proceeds of the sale to the defendant.